Payment to the builder

Hi Sir / Madam, I have booked a flat in Pune that is on the 3rd floor. The building is 20 floor planned. So far builder has only 19 floor approval with him, We have already given him 80% money. As my flat is on 3rd floor he has completed brick work and plaster and he requested me to provide him again 10% money (means almost 90% fund) and he has mentioned date of possession is Apr -2018 that is almost 1.5 years far from today. I requested him to show me 20th floor Approval and then we can release fund, but what he said that whatever is mentioned in your registry, as per that after brick and plaster work you have to give us money irrespective when we are giving possession to you even if it is on ""Apr-2018. Sir we have already given him 80% and just want to see 20th floor approval. We have stopped his payment for now, he is threatening us that if we will not pay then we have to give additional interest on actual payment. Sir/Madam Request you to suggest us something as per defined law. -Manish thakare

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Since you have booked a flat in Pune that is on the 3rd floor, so by the fact itself you seem to possess no rightful claim whatsoever, arguing the builder regarding the 20th floor or any otherfloor of the said building for that matter. Your legal right is restricted to only the 3rd floor, on which your flat rest. Even if he does or doesn’t have the approval for the 20th floor, you should not be concerned about it. As far as the payment part is concerned, these things are governed completely as per the contract you entered in, while agreeing to buy the said property. If the conditions enlisted in there suggests and justifies his act of asking you for money or giving you possession on the date mentioned in the contract, then there is pretty minimal that you can do against him. However, if he is anywhere outside the bounds of the contract then only you could bring an action of “Breach of Contract” or say of “Fraud” etc. against him as under section 420 of the Indian Penal Code.

Also, he might not be wrong in saying so, that you have to give additional interest on actual payment, when you decide to stop his payment.Therefore, I would suggest that you read the contract carefully before taking any action against him.

Answered on October 14, 2016.
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Thanks Munanshu for replying my Query.

 

Answered on October 17, 2016.
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